[HISTORY: Adopted by the Township Council of the Township of Chester as indicated in article histories. Amendments noted where applicable.]
Article I Reimbursement of Cleanup Costs
[Adopted 7-15-2014 by Ord. No. 2014-9]
The Emergency Management Coordinator or Chief of Police of Chester Township or their designees is authorized to request the Volunteer Fire Company, Police Department, Public Works Department, and any other Township department, as well as any appropriate county or state agency, to assist in the abatement of any discharges for which there is reason to believe are hazardous substances which occur in the Township.
The following terms are defined in this article as follows:
- CLEAN UP AND REMOVAL COSTS
- All costs associated with a discharge of hazardous substances incurred by the Township or its authorized agents in the removal or attempted removal of hazardous substances or suspected hazardous substances, or in the taking or reasonable measures to prevent or mitigate damage to public health, safety or welfare, including but not limited to public and private property, surface waters, subsurface waters, water columns and bottom sediments, soils and other affected property, including wildlife and other natural resources.
- Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous substances or suspected hazardous materials into the waters, onto the lands or into the air, which may or does cause or it is reasonably believed will damage or result in damage to the lands, waters, air or natural resources.
- HAZARDOUS SUBSTANCE
- Oil or petroleum of any kind and in any form, including but not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils and substances or additives utilized in the refining or blending of crude, petroleum or petroleum stock.
- Public or private corporations, companies, associations, societies, firms, partnerships, joint stock companies, individuals or any other entity.
Any person who causes, by act or omission, or is otherwise responsible for, a discharge of a hazardous substance which requires cleanup or abatement by the Township or its fire company or other Township Department, or county or state agencies shall be liable for the payment of all costs incurred by the Township and the responding entities as a result of such cleanup or abatement activity. The owner of real or personal property on which or from which a discharge of hazardous substances occurs is responsible for the cost of cleanup or abatement. The remedy provided by this section shall be in addition to any other remedies provided by law.
For the purposes of this section, costs incurred by the Township shall include but shall not necessarily be limited to the following: actual labor costs of the responding entities' personnel, including workers' compensation benefits, fringe benefits and administrative overhead; cost of equipment operation; cost of materials; and the cost of any outside contract for labor and materials. A cost fee schedule shall be established by resolution of the Township as amended from time to time.
The cost of materials to be reimbursed to the Township shall include, without limitation, fire-fighting foam, chemical extinguishing agents, absorbent material, sand recovery drums, specialized protective equipment, acid and any and all other materials reasonably needed to abate a hazardous substance discharge.
Upon obtaining any information that a hazardous discharge has occurred in the Township (unless previously notified of a hazardous discharge by NJDEP), the appropriate Township officials shall immediately notify NJDEP of such hazardous discharge in accordance with the requirements of all applicable NJDEP statutes and regulations.